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Klalei HaPoskim: Difference between revisions
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== Rosh == | == Rosh == | ||
=== General Style === | === General Style === | ||
# The Rosh mainly is drawn after the Rif except perhaps by explanations of Mishnayot, in which case he often prefers the Rash's understanding.<ref>Yad Malachi (Klalei Rosh 28). See Matnat Yado fn 62 who adds that there's a discussion regarding when the Rif is a Daat Yachid if we should assume the Rosh still stands with him or of we should count the Rosh with those who disagree. There's also a general issue of how the Rosh originally wrote his Pesakim, as a commentary on the Rif with the direct quotes added in later (Tekafo Kohen 46) or like we have it (Shem HaGedolim HaRosh). Sdei Chemed (Klalei HaPoskim 11:2) points out how the Chatam Sofer did not have the Shem HaGedolim to be aware of this approach.</ref> | # The Piskei Rosh are essentially summaries of the Tosafot on the Daf, so each can be used to complement the other in terms of understanding and drive. Where Tosafot is vague and the Rosh is clear or vice versa, one can rely on the clearer explanation to be a worthy interpretation of the vague one's words. Often times, the Rosh does not deviate from their position.<ref>Yad Malachi (Klalei HaRosh 30), see Matnat Yado fn. 68 for the list of those who subscribe to this view and the few who claim the Rosh will quote Tosafot even though he doesn't agree with them.</ref> | ||
# The Rosh mainly is drawn after the Rif except perhaps by explanations of Mishnayot, in which case he often prefers the Rash's understanding.<ref>Yad Malachi (Klalei Rosh 28, 31). See Matnat Yado fn 62 who adds that there's a discussion regarding when the Rif is a Daat Yachid if we should assume the Rosh still stands with him or of we should count the Rosh with those who disagree. There's also a general issue of how the Rosh originally wrote his Pesakim, as a commentary on the Rif with the direct quotes added in later (Tekafo Kohen 46, Korban Netanel (Klalim 2)) or like we have it (Shem HaGedolim HaRosh). Sdei Chemed (Klalei HaPoskim 11:2) points out how the Chatam Sofer did not have the Shem HaGedolim to be aware of this approach. See Yad Malachi (Klalei HaTalmud 510, 517) and "Contradictions" below.</ref> | |||
# The Rambam's understanding of Im Timtzi Lomar as Halacha is not accepted by the Rosh, who posits that even those who accept it must admit that further levels are only accepted if they are consistent with the positions of the previous ones.<ref>Korban Netanel (Klalim 9, 10)</ref> | # The Rambam's understanding of Im Timtzi Lomar as Halacha is not accepted by the Rosh, who posits that even those who accept it must admit that further levels are only accepted if they are consistent with the positions of the previous ones.<ref>Korban Netanel (Klalim 9, 10)</ref> | ||
=== Contradictions === | === Contradictions === | ||
# Given two contradictory statements in the Piskei HaRosh, some Poskim recommend following the one that fits with the Rif, but according to the Shach, if one is just an instance of parroting the Rif and the other is the Rosh speaking for himself, the latter should be followed.<ref>See Shulchan Yoreh De'ah 15 and commentaries at length and above discussion from Tekafot Kohen. Yad Malachi (Klalei Rosh 29)</ref> | # Given two contradictory statements in the Piskei HaRosh, some Poskim recommend following the one that fits with the Rif, but according to the Shach, if one is just an instance of parroting the Rif and the other is the Rosh speaking for himself, the latter should be followed.<ref>See Shulchan Yoreh De'ah 15 and commentaries at length and above discussion from Tekafot Kohen. Yad Malachi (Klalei Rosh 29)</ref> | ||
